[2016] KEHC 2236 (KLR)
The court, after reviewing the evidence of the nine prosecution witnesses, found that there is sufficient evidence to establish a prima facie case against the accused, Francis Maina Njeri, for the offence of murder. Consequently, the court ruled that the accused should be put on his defence in accordance with...
Source-derived case information.
- Citation
- [2016] KEHC 2236 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Maina Njeri
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- DW Mbuteti
- Legal Topics
- Murder, Criminal Procedure, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Maina Njeri
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient at this stage to require the accused to be called upon to answer.
Ratio Decidendi
The court, after reviewing the evidence of the nine prosecution witnesses, found that there is sufficient evidence to establish a prima facie case against the accused, Francis Maina Njeri, for the offence of murder. Consequently, the court ruled that the accused should be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The ruling does not make a final determination on guilt but finds that the prosecution's evidence, if unchallenged, would be sufficient to warrant a conviction, thus requiring the accused to answer to the charge.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused, Francis Maina Njeri, is put on his defence as required by section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO 27 OF 2014
REPUBLIC...........................................................PROSECUTOR
VERSUS
FRANCIS MAINA NJERI.............................................ACCUSED
R U L I N G
1. The Accused herein, Francis Maina Njeri, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that in the information dated 22/10/2015 that on 4/10/2015 at Kang’etho Village, Miriira Sub-location in Murang’a County, he murdered one Francis Gitua Mwangi. He pleaded not guilty, and trial proceeded. The prosecution has closed its case after calling 9 witnesses.
2. I have perused the evidence of the witnesses for the prosecution. I consider that there is evidence that the accused person committed the offence charged. I now proceed to fully comply with section 306(2) of the Criminal Procedure Code.
DATED AND SIGNED AT MURANG’A THIS 3RD DAY OF NOVEMBER 2016
HPG WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 4TH DAY OF NOVEMBER 2016